BILL ANALYSIS Ó AB 1214 Page A Date of Hearing: May 15, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 1214 (Muratsuchi) - As Amended: May 6, 2013 Policy Committee: Education Vote:5-0 Urgency: No State Mandated Local Program: No Reimbursable: No SUMMARY This bill requires regional occupational center programs (ROC/Ps) established by a joint powers authority (JPA) to receive an annual appropriation from the General Fund (GF) for purposes of providing career technical education services (CTE). Specifically, this bill: Requires the funds to be appropriated directly to the ROC/Ps based on a formula agreed upon by school districts participating in the JPA. FISCAL EFFECT 1)This bill requires ROC/P JPAs to receive an annual GF appropriation. According to the State Department of Education (SDE), there were 32 JPAs in the 2007-08 fiscal year (FY) (latest data available) with a total average daily attendance of 71.7 million, which generated a total of $255.3 million in ROC/P funding.<1> Under this bill, school districts participating in ROC/P JPAs would receive current ROC/P funding in addition to the GF appropriation required in this measure. 2)As part of the February 2009 budget package, SB 4 X3 (Ducheny), Chapter 12, Statutes of 2009, provided local education agencies (LEAs) with policy and fiscal flexibility for all ROC/P programs funded in the budget act, including --------------------------- <1>Current ROC/P data is no longer collected due to categorical flexibility. The numbers referenced may have decreased depending on whether or not the district still participates in the JPA and at what service level. AB 1214 Page B those operated by JPAs. This bill is contrary to these provisions because school districts participating in the ROC/P JPA will not have direct access to ROC/P funding to use in a flexibile manner. COMMENTS 1)Background . ROC/Ps provide high school students 16 years of age and older, and also adult students, with valuable CTE services so students can: (a) enter the workforce with skills and competencies to be successful; (b) pursue advanced training in higher educational institutions; and/or (c) upgrade existing skills and knowledge. There are 32 ROC/Ps operated by a JPA. ROC/Ps fall under one of three distinct organizational structures: (a) school districts participating in a county office of education (COE)-operated ROC/P; (b) school districts participating under a JPA; or (c) a single school district. SB 4 X3 (part of the February budget process), provided local education agencies (LEAs) with unprecedented fiscal and policy flexibility related to over 40 categorical programs between the 2008-09 FY to the 2012-13 FY. Specifically, any LEA that received funding for specified categorical programs, including ROC/Ps, in the 2008-09 FY is authorized to use this funding for any other educational purpose until the 2012-13 FY. The LEA may choose to continue operating the categorical program that it received funding for or redirect it for any other educational purpose it deems appropriate. SB 70 (Committee on Budget and Fiscal Review), Chapter 7, Statutes of 2011, extended this flexibility until the 2014-15 FY. 2)Purpose . According to the author, this bill was inspired by SoCAL ROC, established in 1967 and located in the author's district. This ROC/P is administered by a JPA consisting of six school districts in Los Angeles County. These six districts are: El Segundo Unified School District, Inglewood Unified School District, Manhattan Beach Unified School District, Palos Verdes Peninsula Unified School District, Redondo Beach Unified School District, and Torrance Unified School District. The program serves high school and adult students. This bill requires all ROC/P JPAs to receive its funding directly from the state GF. AB 1214 Page C The author argues this bill is necessary to ensure SoCAL ROC and other ROC/P JPAs will continue to operate regardless of whether the state enacts a new K-12 funding formula, as proposed by the governor. 3)SB 1197 (Alquist), Chapter 519, Statutes of 2008 , requires, commencing with the 2009-10 FY, ROC/P JPAs (including SoCAL ROC) to receive funding directly from a COE in which it is located, instead of receiving funds from each of the school districts participating in the JPA. Prior to the enactment of Chapter 519, ROC/P JPAs received their funding from school districts participating in the JPA. The funding is based on their average daily attendance (ADA) (i.e., unit that generates the amount of revenue limit funding). As referenced above, SB 4 X3 (enacted in February 2009) established policy and fiscal flexibility for all ROC/P programs funded in the budget act, including those operated by JPAs (i.e., SoCAL ROC). Presumably, the statutory flexibility allows school districts who receive ROC/P funding to do one of two things: (a) continue operating their programs or (b) redirect a portion or all funding for another education purpose during the time period established in statute. Currently, school districts participating in ROC/Ps can choose whether or not to continue participating in this program, depending on the terms of their JPA. Under this bill, all ROC/P JPAs would receive a GF appropriation directly to operate its program. It is unclear if the COE that receives school district funding to participate in the program would continue to receive this funding given there would be a GF appropriation to operate the program. 4)Implementation issues . As reference above, all ROC/Ps are part of the categorical flexibility that is in effect until the 2014-15 FY, which means school district continue to receive funding for this program until that time. Each ROC/P JPA consists of school districts that contribute funding to this program. This bill appropriates GF for the operation of these programs. Is the GF appropriation meant to replace the funding the districts currently contribute to the AB 1214 Page D operation the ROC/P JPA or is it meant to be in addition to it? If the appropriation is meant to replace the funding, then language should be added to the bill that offsets all school district apportionments for ROC/P JPAs; otherwise these districts will receive additional funding beyond other ROC/Ps, which leaves less funding for other K-14 programs/purposes. The author may wish to add offsetting funding language to this bill. 5)This bill conflicts with the Governor's proposed Local Control Funding Formula (LCFF) . The LCFF proposes to consolidate the majority of the state's categorical programs, including those under categorical flexibility, within the existing revenue limit (general purpose funding) structure to establish a new K-12 student formula phased in over seven years. The governor's proposed budget provides $1.6 billion GF/98 in FY 2013-14 to begin increasing district rates to a target base rate and provides supplemental funding for English learner pupils, low income pupils, and foster youth. The author argues this bill is necessary in order to ensure ROC/P JPAs continue to operate should the LCFF take effect. This bill, however, does not include language to make its enactment contingent on implementation of this formula. The author may wish to address this issue. 6)Related legislation . a) AB 88 (Buchanan), pending in the Assembly Education Committee, implements the LCFF, which establishes a new K-12 funding formula and eliminates all of the flexed categorical programs. b) SB 69 (Liu), pending in the Senate Appropriations Committee, establishes a LCFF by modifying the governor's proposal. Analysis Prepared by : Kimberly Rodriguez / APPR. / (916) 319-2081